Holland Capital – privacy statement

 Introduction

Holland Capital Management B.V. (hereinafter: Holland Capital or we) is one of the first independent investment companies in the Netherlands. In over 40 years, we have been responsibly and successfully investing in promising Dutch and German small and medium-sized companies with growth ambitions. With a clear investment strategy, we anticipate long-term trends in attractive growth markets, focusing on the Healthcare and Technology sectors. Our experienced and dedicated investment team knows what entrepreneurship is. We aim for an open, sustainable and professional relationship with the management teams, with the common goal of achieving growth.

In the context of our activities, Holland Capital may collect, store, transfer or otherwise process personal data. Based on applicable data protection and privacy law and, in particular, the General Data Protection Regulation (GDPR) and the Dutch GDPR Implementation Act (UAVG), we qualify as the Data Controller with respect to the processing of your personal data.

In case that we act as a fund manager of an investment fund, in the context of our activities, we shall qualify as joint data controllers together with the fund. In such cases, we will also process your personal data in accordance with this privacy statement and we will serve as your first point of contact.

2. Who are we?

We are Holland Capital Management B.V. with our registered office in Amsterdam and principal place of business at Krijn Taconiskade 426 at (1087 HW) Amsterdam, the Netherlands. We are registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 53345975.
By using our services and/or our website and by providing your personal data to us, you acknowledge that your personal data will be processed in accordance with this privacy statement.

Note: this does not mean that you consent to the processing of your personal data. We do not process your personal data based on your consent, unless specifically indicated by this privacy statement.

3. What does this policy cover and to whom is it relevant?

This privacy statement is relevant for our investors or prospective investors, as well as for employees of our (future) investors, participations, our partners or service providers and relations, persons that contact us or who want to be kept up-to-date of our services, as well as for job applicants (hereinafter: you).

This privacy statement explains how we collect your personal data, on what legal basis, how and for which purposes we process your personal data and to which parties your personal data may be transferred. Additionally, this privacy statement contains important information about your rights in relation to the processing of your data.

We encourage you to fully and carefully read this privacy statement. From time to time, it may be necessary to amend this privacy statement. This may be necessary, for instance, in case of changes in legislation and regulations or if our activities change in such a manner that the ways how we process personal data are affected. In the event that the privacy statement will materially and/or substantially change, we will actively inform you of this change and provide you with the new version of the privacy statement. The most recent version of this privacy statement is available on our website www.hollandcapital.nl.

Note: where you provide us with personal data regarding another individual than yourself (e.g. a representative, director of UBO of the company you represent), please provide the concerned individual with a copy of this privacy statement, prior to providing his/her personal data to Holland Capital.

4. What personal data do we collect and in what manner?

We may collect your personal data in different ways:

• When you voluntarily share your personal data with us, for example if you communicate with us via email or by other means, or when you apply for a job with us;
• Directly from u, when you are an investor/entrepreneur/relation;
• From your employer, if you are employed by one of our investors, participations, relations or advisers;
• From other third parties, for instance if you are employed by one of our service providers or by a third party with which we conduct business, or if you apply for a position via a recruitment agency, via references, (previous) employer(s), educational institutions or research agencies (in case of precedential investigations);
• Through public registers, such as trade registers or through the Chamber of Commerce;
• From third parties, for instance if they lawfully transfer your data to us, in order for us to contact you and provide our services to you.

We collect and process (part of) the following personal data:

• Name, address and place of birth;
• Contact details, including addresses, phone numbers and email addresses;
• Bank details and other financial data, such as: (annual) financial statements and accounting data;
• Information on your participations, investments, income, profits and losses;
• Business contact details, company name and job title;
• CV, educational and professional experience, references, statement of conduct or outcomes of precedential investigations, answers to questions during job interviews, test results, professional certificates;
• Copies of your passport, ID-card and/or other identification data;
• Information from public registers, such as extractions from the Chamber of Commerce;
• Information from external sources (search engines, sector specific news articles, social media) which we combine with the data that we collect from you ourselves, in order to construct a more comprehensive and accurate set of information on you;
• Information relating to anti-money laundering and anti-abuse legislation, such as identification data and (where relevant) additional information if you are a regarded as a ‘politically exposed person’.

5. Legal bases for processing

We process your personal data based on one of the following legal grounds:

• If the processing is necessary for the performance of a contract to which you are party (or in order to take the necessary steps prior to entering into a contract with you), as described below under (a);
• If the processing is necessary to comply with our legal obligations, such as described below under (b);
• If the processing is necessary for the purposes of the legitimate interests pursued by us, such as described below under (c) to (h);
• If the processing is based on your consent as described below under (i).

6. Purposes for processing

We process your personal data for the following purposes:

(a) to (be able to) provide our services to you and/or to comply with our contractual obligations;

(b) to comply with the legal obligations to which we are subject in relation to tax legislation, anti-abuse and anti-money laundering, KYC obligations, obligations of the Dutch Act of Financial Supervision (Wet op het financieel toezicht) and other legal obligations;

(c) to assess whether you are suitable for the position for which you apply and to possibly enter into an employment contract with you, as well as to prevent the reassessment of applicants;

(d) to keep administrative records, for instance of our investors, debtor and creditor administration, and relationship management;

(e) for communication purposes, such as the processing of and responding to your requests, inquiries and complaints, the maintenance of business relations (if you are employed by our investors, participations, service providers or advisors);

(f) to establish, exercise, or defend our legal position and rights;

(g) for marketing purposes which in our view may be relevant for you, to and to inform you of new investment opportunities;

(h) for analytics and research purposes, for instance in relation to the prevention of fraud and abuse, but also to improve our services

(i) for sending newsletters and press releases to you following your consent.

Insofar as we process your personal data based on your consent, for instance for the purpose of sending newsletters or marketing material if you are not yet one of our investors or participators, or for the purpose of placing cookies when visiting our website, we hereby inform you that you have the right to withdraw your consent, at any time, by using the ‘unsubscribe’ function in our newsletter or by contacting us directly, without affecting the lawfulness of processing based on consent before its withdrawal.

7. How long do we retain your personal data?

We shall not retain tour personal data longer than necessary for the purposes for which the data were collected and processed (as described under paragraph 6 above). We will only retain your personal data for a longer period than indicated in the first sentence of this paragraph, if we have a legal obligation to do so or if it is necessary in order to defend our interests (for instance in case of a dispute).

In case you are an investor, we shall, in principle, retain your personal data for five (5) years after your last investment has been completed, in accordance with the legal statute of limitation (verjaringstermijn). If you are an employee, director, UBO or representative of one of our participations, service providers or advisors, we shall in principle retain your personal data for the duration of that relationship and for five (5) years following termination thereof, in accordance with the legal statute of limitation.

In the event that you are an applicant and we enter into an employment contract with you, we will save your personal data, which we collected from you in the context of the application procedure, in your employee file. If you do not enter into an employment contract with us, we will in principle delete your personal data within four (4) weeks after the application procedure has ended, unless you consent to us retaining your personal data for a longer period of time.

8. With whom do we share your personal data?

We may share your personal data with third parties if this is necessary and legitimate in light of the purposes indicated above. These third parties may include:

• Our group entities;
• Funds, fund managers, investment vehicles and other parties in which we participate (either in your name or on your behalf or in the name or on behalf of our investors);
• Affiliated or external parties that provide services to us;
• Banks and advisors, such as attorneys, accountants, notaries etc.;
• Governments, judicial and supervisory authorities, such as the Tax Authority (Belastingdienst), the Dutch Central Bank (De Nederlandsche Bank), the Financial Markets Authority (Autoriteit Financiële Markten) and the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).
• External auditors;
• (Potential) buyers or merging parties and advisors of those parties, in the context of a proposed merger, acquisition; sale or divestiture of (a part) of our activities;
• Our participations.

These parties may be situated or operating outside of the European Economic Area (EEA). Where we transfer your personal data outside the EEA, we will do so based on appropriate safeguards, such as (i) an adequacy decision from the European Commission, (ii) the standard contractual clauses as drafted and adopted by the European Commission, (iii) another valid transfer mechanism pursuant to the GDPR. For more information on international transfers, or to receive a copy of the relevant safeguards applied by us, you can contact us via our contact details, as included below in paragraph 11.

9. How do we protect your personal data

We have taken technical and organisational security measures to protect your personal data as adequately as possible against destruction, loss, alteration and unauthorised access, storage or other processing operations. If you have the impression that your data is not properly secured or there are indications of misuse, you can contact us via our contact details as mentioned in paragraph 11.

Also, we strive to keep your data accurate and up to date. In that context, we request you to actively inform us about any changes of your personal data (such as a change of address).

10. Your rights

Based on the GDPR and the UAVG, you shall have the following rights:

• The right of access and information regarding your personal data;
• The right to rectification of your personal data;
• The right of erasure (‘the right to be forgotten’);
• The right to restrict processing;
• The right to object to the processing of your personal data;
• The right to receive your personal data in a structured, commonly used and machine-readable format and to (have) transmit(ted) your personal data to another organization.

To exercise your rights, you can contact us via our contact details, set forth in paragraph 11.

11. Contact

If you have any questions, remarks or complaints about how Holland Capital processes your personal data, if you want to exercise your rights or if you have any questions about the contents of this privacy statement, please contact us at office@hollandcapital.nl.

Last update: October 2023